The regime for propaganda speeches on the TRT screen in an election period is not in this Law but in the election legislation. Article 22 is a referring provision.
The Text of the Article
Article 22 (Amended: 28/12/1993-3959/19) - The use of radio and television by political parties during general and by-elections for members of parliament and general elections for local administrations, the making of election propaganda and their obligations, and the principles, form and conditions of that use, are subject to the provisions in Law No. 298 of 26.4.1961, Law No. 2839 of 10.6.1983 and Law No. 2972 of 18.1.1984.
The Three Laws Referred To
| Law | Name |
|---|---|
| 298 | Law on the Basic Provisions on Elections and Voter Registers - 26/4/1961 |
| 2839 | Law on the Election of Members of Parliament - 10/6/1983 |
| 2972 | Law on the Election of Local Administrations, Neighbourhood Headmen and Councils of Elders - 18/1/1984 |
The Role of Law No. 298
Law No. 2954 refers to Law No. 298 once more. Art. 23/2: the provisions of the first paragraph are not applied to speeches made on behalf of political parties under Arts. 52 to 55 of Law No. 298 of 26 April 1961 on the Basic Provisions on Elections and Voter Registers.
The Right of Reply Does Not Operate Either
The final paragraph of Art. 27: the provisions of this article are not applied to election propaganda speeches to be made by political parties on radio and television under their own special laws, or to Presidential communiqués or speeches.
Liability Is Different Too
Art. 28/3: TRT personnel are not responsible for Presidential communiqués and speeches, for broadcasts made under Arts. 22 and 27 of this Law whose character is stated by an announcement, and for broadcasts relayed live from a radio and television organisation other than TRT stations without making use of recordings.
We cover the liability regime in the liability guide.
Three Separate Regimes in One Table
| Type of broadcast | Right of reply | National security ban | Personnel liability |
|---|---|---|---|
| Ordinary news and programmes | Yes - Art. 27 | Yes - Art. 23/1 | Yes - Art. 28/1 |
| Election propaganda speeches (Law No. 298 Arts. 52-55) | No - Art. 27 final paragraph | No - Art. 23/2 | No - Art. 28/3 (with an announcement) |
| Presidential communiqués and speeches | No - Art. 27 final paragraph | - | No - Art. 28/3 |
The Constitutional Ground
Art. 31/1 of the Constitution: individuals and political parties have the right to use mass communication and broadcasting facilities other than the press owned by public legal persons; the conditions and procedures of such use are regulated by law. Art. 22 of Law No. 2954 passes that constitutional reference on to the election laws.
We cover the detail in the Art. 31 guide. We cover the other provisions of the election legislation directed at the press in the ancillary legislation map.
Summary
Art. 22 of Law No. 2954 does not itself govern the use of radio and television by political parties in an election period; it refers to Laws No. 298, 2839 and 2972. As regards election propaganda speeches, neither the national security broadcast ban (Art. 23/2) nor the right of correction and reply (Art. 27, final paragraph) applies; and, provided the character is stated by an announcement, TRT personnel are not held responsible either (Art. 28/3).